What is Mediation?
What is Mediation
PHRC staff explains the process and benefits of Mediation Services.
- Provides a way to avoid lengthy investigation, hearings and/or court.
- Offers an informal process in which a trained, neutral mediator helps people explore and resolve their differences together.
- Strives to produce a settlement agreement that is acceptable to both parties.
Mediation Services
- The complainant files a complaint.
- The respondent is required to file an answer with the PHRC.
- After determining whether the case is eligible for mediation, the PHRC offers both parties the opportunity to participate in mediation services.
- If either party rejects mediation, the complaint is assigned to an investigator who begins the investigation.
- If both parties reach an agreement at mediation, the complaint is withdrawn, and no investigation takes place.
- If no agreement is reached, the complaint is assigned to an investigator who begins the investigation.
Benefits of Mediation
Confidential
Mediation services are confidential under Pennsylvania law. This allows the complainants and complaint respondents the freedom to express themselves without fear of what they say being held against them. The mediator does not keep notes of discussions during the mediation session.
Free
The PHRC offers mediation services free of charge. Mediation takes place before a formal investigation where fees and damages can accumulate.
Voluntary
Mediation services are voluntary, and either party can terminate participation at any time. The case is returned to investigation if:
- Either party decides not to mediate.
- A settlement agreement is not reached.
Fast
Mediation services are faster than a full investigation. The mediation process is designed to take place before the investigation begins and before fees and damages accumulate. Once a mediator is assigned to the case, the parties have 30 days to schedule the mediation session.
Neutral
The mediators are neutral and have no stake in the outcome.
Convenient
Virtual mediation is available to parties who do not wish to travel in order to participate.
Clear Up Misunderstandings
Mediation provides an opportunity to clarify the issues that led to the complaint and allows each party a forum to clear up any misunderstandings.
No Admission of a Violation
A mediation settlement does not constitute an admission to a violation of any state or federal anti-discrimination laws.
Creative Settlements
Mediation allows parties to be creative in their settlements because they are not only confined to remedies available under state or federal law.
Frequently Asked Questions
Once the respondent in your case files their answer with the PHRC, the investigator in your case will evaluate the case for mediation eligibility. If the case is eligible:
- You will receive an Invitation to Mediate.
- You decide whether or not mediation services fit their specific situation. Engaging in mediation service is completely voluntary and both parties must agree.
- If you’d like to utilize mediation service, you must sign and return the Invitation to Mediate.
- If the respondent also agrees to mediation, a mediator will contact you to begin the process.
You are required to file an answer to the complaint prior to engaging in mediation services. Once the answer is received, the investigator assigned to your case will evaluate the case for mediation eligibility. If the case is eligible:
- You will receive an Invitation to Mediate.
- You decide whether or not mediation services fit their specific situation. Engaging in mediation service is completely voluntary and both parties must agree.
- If you’d like to utilize mediation service, you must sign and return the Invitation to Mediate.
- If the complainant also agrees to mediation, a mediator will contact you to begin the process.
The PHRC mediator team is made up of justice professionals who have received specialized training in the PA Human Relations Act (PHRA), the PA fair Educational Opportunities Act (PFEOA), and trauma and victimization awareness.
Complainants and respondents may bring an attorney to the mediation session, but it is not required. You may bring a friend or relative to the mediation session if you choose not to bring an attorney.
If both parties execute a settlement agreement at the mediation session:
- The charge filed with the PHRC will be withdrawn.
- No formal investigation will take place.
If both parties are unable to reach an agreement:
- The case will be returned to the PHRC for investigation.
The PHRC Mediation Services Division does not get involved in discussions related to tax implications, amounts or forms. Parties should consult with their own accountant or tax professional. Additional information can be found on the IRS website.
